D Balamurali, Chennai V. DCIT, Corporate Circle -5(2), Chennai

MA 175/CHNY/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 3905 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 14-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Gift

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . , . , BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER & SHRI DUVVURU RL REDDY, JUDICIAL MEMBER M.P.NO. 175/CHNY/2018 [IN I.T.A. NO. 169/CHNY/2018] / ASSESSMENT YEAR :2010-11 SHRI D. BALAMURALI, NO. 8 (OLD NO. 6), GYAN RESIDENCY, VIDYODAYA MAIN ROAD, T. NAGAR, CHENNAI 600 017. [PAN: AHBPB2305D] VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 5(2), CHENNAI 600 034. ( APPELLANT ) (R ESPONDENT ) / APPELLANT BY : SHRI I. DINESH, ADVOCATE / RESPONDENT BY : SHRI AR.V. SREENIVASAN, JCIT / DATE OF HEARING : 12.10.2018 /DATE OF PRONOUNCEMENT : 30.10.2018 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: THE MISCELLANEOUS PETITION IS FILED BY THE ASSESSEE PRAYING FOR RECTIFYING THE ORDER OF THE TRIBUNAL PASSED IN I.T.A. NO.169/CHNY/2018 DATED 17.07.2018 FOR THE ASSESSMENT YEAR 2010-11. 2. BY REFERRING TO THE PETITION, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT DURING THE COURSE OF HEARING THE TRIBUNAL ACCEPTED THAT IT IS COMMON TO OFFER GIFT EITHER IN CASH OR ANY OTHER MODE BY THE ELDERS TO THE YOUNGSTERS AND AGREED TO ALLOW 50% [I.E., .5 LAKHS] OF THE TOTAL AMOUNT THAT M.P. NO. 175/CHNY/18 2 WAS GIVEN AS GIFT TO THE ASSESSEE. HOWEVER, VIDE ORDER DATED 17.07.2018 AT PARA 6, IT IS STATED THAT WE DEEM FIT TO ALLOW 5% OF THE TOTAL AMOUNT THAT WOULD HAVE BEEN GIVEN A GIFT TO THE ASSESSEE AND THE BALANCE AMOUNT STANDS CONFIRMED. THUS, THE LD. COUNSEL HAS SUBMITTED THAT THERE IS A TYPOGRAPHICAL ERROR, APPARENT ON THE FACE OF RECORDS AND PRAYED FOR RECTIFYING THE SAME. 3. THE LD. DR DID NOT SERIOUSLY OBJECT TO THE SUBMISSIONS OF THE LD. COUNSEL FOR THE ASSESSEE SINCE THE SAME LD. DR ATTENDED DURING APPEAL HEARING. 4. WE HAVE HEARD BOTH SIDES AND PERUSED THE PETITION FILED BY THE ASSESSEE. WE HAVE ALSO VERIFIED THE ACTUAL ALLOWANCE AS NOTED IN THE MEMBERS LOG BOOK AND FOUND THAT THE BENCH HAS AGREED TO ALLOW 50% OF THE TOTAL AMOUNT THAT WAS GIVEN AS GIFT TO THE ASSESSEE. THUS, WE FIND THAT THERE IS AN INADVERTENT TYPOGRAPHICAL ERROR IN THE ORDER PASSED BY THE TRIBUNAL DATED 17.07.2018. ACCORDINGLY, THE ORDER OF THE TRIBUNAL STANDS RECTIFIED AS UNDER: PAGE 3, PARA 6: .WE DEEM FIT TO ALLOW 50% OF THE TOTAL AMOUNT THAT WOULD HAVE BEEN GIVEN A GIFT TO THE ASSESSEE AND THE BALANCE AMOUNT STANDS CONFIRMED. M.P. NO. 175/CHNY/18 3 5. IN THE RESULT, THE MP FILED BY THE ASSESSEE IS ALLOWED TO THE EXTENT STATED ABOVE. ORDER PRONOUNCED ON THE 30 TH OCTOBER, 2018 AT CHENNAI. SD/- SD/- (A.MOHAN ALANKAMONY) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, 30.10.2018 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.